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1921 Supreme(Mad) 56

J.WALLIS
In Re: Pedda Anjinigadu – Appellant
Versus
Unknown – Respondent


JUDGMENT

John Wallis, C.J.

1. It is expressly provided by Section 199 of the Code of Criminal Procedure that no Court shall take cognizance of an offence under Section 497 or Section 498 of the Indian Penal Code except upon a complaint made by the husband, and a conviction under these sections is bad in the absence of something which amounts to a complaint by the husband of one of the offences specified in the section. Therefore, on a complaint of rape by the husband a conviction for adultery or kidnapping cannot be supported. Complaint is defined in Section 4(h) of the Code of Criminal Procedure as the allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence," I agree with Coutts. Trotter, J,, that the examination of the complainant by a Magistrate who has taken cognisance of the complaint under Section 200 cannot be regarded as part of the complaint. The only question that remains is whether the complaint, as it stands, contains a sufficient allegation of the commission of an offence under Section 498 of the Indian Penal Code. The same particularity cannot be required

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